Business Dispute Mediation

Business disputes may arise from commercial transactions between the parties or from their independent or competitive business activities. A crucial characteristic of these disputes is their potential to disrupt or destroy the businesses involved. Timely and appropriate resolutions are often particularly important goals which may be achieved through mediation.

Leading business corporations recognize the advantages of mediation over litigation. One survey found only 20% of business executives satisfied with the litigation process and 25% satisfied with the results. Only 32% of inside counsel were satisfied with the process, and 58% with the result.1 More than 90% of both groups said less than half of all lawsuits involving a business are resolved at an appropriate cost, and more than 75% said less than half are resolved within an appropriate time.2 In a survey of the top-rank counsel of the 1000 largest U.S. based corporations, 81% of respondents said mediation provides "a more satisfactory process" than litigation, 66% said mediation provides more "satisfactory settlements" and 59% said mediation "preserves good relationships." 3

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1 John Lande, Failing Faith in Litigation? A Survey of Business Lawyers' and Executives' Opinions, 3 Harv. Negotiation L. Rev. (1998) 1, 8.
2 Id., at 35-36.
3 David B. Lipsky and Ronald L. Seeber, Top General Counsels Support ADR - Fortune 1000 Lawyers Comment on Its Status and Future, 8-APR Bus. L. Today 24, 26-27.